Many women bear the legacy of domestic violence. Some transmit
survivor knowledge from mother to daughter without ever naming
their abuse, without claiming their right to be safe, without
affirming their bodily integrity or demanding equality and dignity
in their families, or without giving voice to an alternative life
without violence.
Vella Pelletier grew up in a home where day in and day out, her
father beat and otherwise traumatized her mother. Though some
days Vella's father was loving to her and her mother, the reality
and threat of physical violence colored the choices Vella and
her mother made while they attempted to gauge his moods and comply
with his demands. His apparent motive was to keep her mother off
balance. Some days Vella's mother maintained hope about her marriage,
while the next she was trying to find a way out for herself and
her child.
When Vella was eleven years old, fearing that her father meant
to see his lethal threat against her mother through, Vella sat
on her father's back and pounded his head with the butt of a gun
until he was unconscious. In the heat of the moment, the young
girl focused on her mother's safety in the face of her father's
attack without considering that her father's battering of her
mother was a symptom of a larger problem that deprived her mother,
and herself, of their right to live, to love, and to be free.
But as history often shows, once the patterns that define domestic
violence gain a foothold, battered women find it increasingly
difficult to escape or even envision a more peaceful life.
Intimate partner abuse was the interpretive framework through
which Vella Pelletier understood her life. As her mother before
her did, Vella married a man, who soon after their wedding, began
a pattern of physical and emotional abuse. Just like her father,
Vella's husband Gene had moods like a seesaw. One day he was sorry
for hurting her and begging forgiveness; the next he returned
to his brutal ways.
Several times Gene Gogan threatened to kill Vella and her dog
and to burn down their house. He was known to friends and neighbors
as a man with an explosive temper who made no attempt to hide
his rage against his wife, even in public. Both the county sheriff's
department and the state police had responded to several incidents
of domestic violence at the Gogan home in Hartland, and though
Gene's behavior did not change, no charges were ever brought.
Vella attempted to escape the relationship by seeking the services
of a battered woman's shelter three or four times, but each time
she returned to her broken marriage to care for Gene because he
was ill. The abuse had become normative, and Vella's role as Gene's
wife seemed inviolable. He was all she knew, and she felt unable
and unwilling to put the abuse behind her, no matter how bad
it was.
She held fast to the thin strand of belief that her broken marriage
did not need to remain as it was and that if she demonstrated
her love for her husband, he would change. The glimmer of hope
that urged her to envision a more just way of life somehow prevailed
over despair.
As her husband's health continued to decline, his abusive behavior
escalated. Although her doctor had prescribed sleeping pills and
antidepressants, Vella declined to take them because she feared
that if she fell asleep, he would kill her. She ate little and
became exhausted.
Then one morning, Gene Gogan lifted his wife roughly into the
air and smashed her head into the bottom of a high cupboard. He
then put two loaded rifles into their truck and forced Vella to
get in. He drove to a remote site near his hunting camp in Mayfield
Township about 25 miles from their home. He parked the vehicle
in a field and ordered his wife to get out. Vella felt certain
that he would shoot her if she did, so she refused. Somehow she
connected with her deep nature that valued her life over death.
She unlocked her secret door behind which she kept her long-dead
dreams, hopes, and goals that her predator husband methodically
sought to destroy. The tears she wept were not saline, but blood
lifeblood that stained all the clothes in her wardrobe.
She could no longer wear the mask she had used to disguise her
pain. (Estes 1992, 53, 55)
Thoughts of the day's events haunted Vella. Childhood memories
of her mother's abuse by her father, and thoughts of her own longtime
abuse flooded her that night as she lay beside Gene in their bed.
She was sure he would kill her before morning light. But she chose
life. Rather than wait for him to hold a gun to her head or a
knife to her throat, she chose to use killing violence in what
she considered to be an act of self-defense. Vella shot him once
in the ear while he lay sleeping. That first shot did not kill
him, so Gene sat up and reached for his own pistol. Before he
could use it, Vella shot him twice more.
At one time, Vella had worked as a butcher's assistant. Recalling
that experience helped her to figure out how to dispose of Gene's
body since he was too heavy for her to carry out in one piece.
She cut the body into seventeen parts, as she would have any other
animal in the butcher shop, and wrapped each piece in a plastic
bag.
Her professional nature took over, and soon she had wiped clean
the sites where both the shooting and butchering had taken place.
Then she returned to the place in Mayfield Township near where
Gene had driven her the day before. She parked near the woods
and chose to reclaim her selfhood. In that wild place, she dug
one hole for each part of her husband's body by hand, buried them
and covered them with leaves.
Vella's sister Carlene Pelletier came to visit her a couple of
days later. After Vella told her sister about what had happened,
they drove to the county sheriff's department where Vella turned
herself in. In a court proceeding shortly afterward, she was involuntarily
committed to Augusta Mental Health Institute after professionals
deemed her to be a danger to herself. In court some weeks later,
she pled not guilty to murder and invoked the battered woman defense.
Her attorneys explained that though Vella did not deny responsibility
for her husband's death, she was defending herself when she shot
her husband. They maintained from the day of her arrest that her
psychiatric condition was caused by being subjected to more than
three decades of domestic abuse.
Maine is one of the first states to accept a defense that allows
evidence of prior abuse to be admitted at trial. In 1981, the
Supreme Judicial Court of Maine vacated a judgment against Linda
Anaya, who had been found guilty of manslaughter in her boyfriend's
death. The appeals court found that the presiding judge in her
trial erred by wrongly excluding testimony relating to the "battered
wife syndrome."
The excluded evidence included testimony by a doctor who had
treated Linda Anaya at least five times for injuries such as concussion,
black eye, and laceration of her arm. The judge had refused to
allow defense counsel to question the doctor about the battered
wife syndrome or give his opinion that Anaya was a victim. Although
at the end of the trial her attorney admitted that Anaya killed
her boyfriend, he also said that she acted reasonably to protect
herself from another beating.
Despite the defense attorney's best efforts, the jury found her
guilty of manslaughter. On appeal, the Law Court exonerated Anaya.
(State v. Anaya, 438 A. 2d 892 [1981 Maine]).
Linda Anaya's case bears striking similarities to that of Vella
Gogan. In Vella's case, District Court Judge Douglas Clapp said
after the probable cause hearing on November 18, 1999, "The
entire weight of evidence suggests that the events of this crime
are uniquely and closely related to Ms. Gogan's chronic, dysfunctional
relationship with the victim." Once she was no longer considered
to be a danger to herself, Vella was released from the Augusta
Mental Health Institute to her brother's house. Judge Clapp accepted
Gogan's home valued at $50,000 and her brother's properties in
Canaan valued at $150,000 as surety for her bail.
Vella's release amounted to house arrest. She could leave her
brother Walter Pelletier's home only for scheduled medical, psychiatric,
and legal appointments. The state had the right to make random
searches of her brother's home.
Under Maine law, bail is intended not to punish an accused person
before trial, but rather to ensure her appearance in court. In
court records, police officials had noted that Vella Gogan was
a "docile and passive individual with no history or reputation
for violence or aggression." When she was released from AMHI,
after a two-months-long involuntarily commitment, a staff psychologist
said that Vella posed no "imminent danger to herself or others
as long as she obtains spousal abuse counseling and regular psychiatric
appointments."
One must question, then, what ends does such a high bail serve?
Does the defendant's gender have any effect on setting bail?
Behind the scenes, prosecutors and defense attorneys discussed
the case. They faced overwhelming evidence from four psychological
reports, including one by the State Forensic Service, that Gogan
was in fact a severely battered woman who was convinced that the
day her husband would try to kill her was imminent.
From years of abuse, Vella had felt her universe of possible
responses slipping away. Vella's defense team believed they had
a strong case to show that Vella killed her husband in self-defense
even though he was asleep in bed when she first shot him. However,
later in court, the state prosecutor, Assistant Attorney General
Andrew Benson, said, "If you close your eyes, you would think
Vella Gogan, rather than Gene Gogan, is the victim in this case."
The prosecutor's statement smacks of his bias against women and
misunderstanding of women's criminality.
In the face of mounting mitigating evidence, however, the state
offered a plea bargain: Vella could plead guilty to manslaughter
and receive a sentence of fifteen years in prison, but serve only
six years with six years probation. Her other alternatives were
to go to trial and risk being convicted of murder, which carries
a mandatory minimum sentence of twenty-five years, or wager on
a judge either to acquit her or find her guilty of manslaughter
that carries no required minimum sentence.
After much soul-searching and with the specter of a lengthy prison
sentence weighing heavily on her mind, Vella pleaded guilty to
manslaughter on March 20, 2001. At the two hour sentencing hearing
on April 5, 2001, Vella told the judge, "I'm very sorry for
what I did to Gene. I'm sorry for hurting his family and my family.
I loved Gene very much, but I thought he was going to kill me
and I didn't want to die." She is now serving her six-year
sentence at the Maine Correctional Center in Windham.
What is society to make of Vella Gogan's imprisonment for killing
her abusive husband in self-defense? It is clear, as Vella's defense
attorneys pointed out, that state prosecutors failed to understand
the case. Vella Gogan was a captured woman, the victim of her
predatory husband's abuse and obsessive need to control her. She
killed him to defend her own life, a life fraught with uncertainty
and terror.
Rather than living freely as every person is entitled, Vella
was rendered powerless by her husband's control over and persecution
of her. He may have promised to make her a queen when they first
met, but in actuality, he was planning her psychic, if not physical,
murder. She chose a man who would be destructive to her life,
as her mother did before her. Throughout her life, she was a survivor
of loss: lost opportunities to pursue her life's hopes and dreams
for herself and her children; lost self esteem that could have
lifted her out of despair and loneliness; lost innate curiosity
that could have pushed her toward discovery of what lies beneath
her life; and missed chances to open the door to the secret room
where her manifold losses lay hidden.
Vella also stands as a model for conjuring the necessary strength
to choose life, even after having been beaten down for much of
her existence. Rather than asking why she chose to kill rather
than leave, the community should wonder why don't more abused
women kill?
At the same time, public outrage was aimed primarily at this
longtime battered woman. In a letter to the editor of the Bangor
Daily News after Vella Gogan was released on bail, a Fairfield
man wrote: "If Vella Gogan's husband had elected to end his
37-year abusive marriage by shooting his wife in the head three
times, dismembering her body into 17 pieces and burying it throughout
the woods near their hunting camp, would a Skowhegan judge rule
that he poses no threat to others? I think not."
A statement written by one of Gene Gogan's nieces and read at
Vella's sentencing hearing chastised the court for agreeing to
what she felt was an inappropriate sentence that would have the
effect of increasing the murder rate in the state. She also advised
men who were in unhappy marriages to "sleep with one eye
open."
The judge stood firm and said, "I don't think we're going
to have husbands stacked up like cord word across the state"
as a result of this sentence. He also said had he tried the case,
based on the evidence as he knew it, that he probably would have
found Gogan guilty of manslaughter.
Janet Mills, one of Vella Gogan's defense attorneys, told the
court at her sentencing, "Vella Gogan is not a cold, calculating
woman as the state would have you believe. There is no question
that this woman is of no risk to anyone."
Another writer asks the question that many workers in the domestic
violence field hear all too often. He writes, "Gogan claims
she was abused for 37 years and was fearful for her life. Why
would anyone take abuse for 37 years without doing something other
than murdering someone?"
This writer may unwittingly have been wrestling with a retributive
theory of justice. He began, though, without considering the injustice
inherent in this case. "Because justice emerges out of protest
against injustice, justice is not so much a state of being, as
a struggle and a constant process. It is the process of correcting
what is unjust. It is the process of providing new beginnings."
(Lebacqz 1987, 255)
Meanwhile, though fifteen of the seventeen parts Gene Gogan was
cut into were recovered, his thighs were never found. Vella's
urge to run with the wolves saved her life. Her actions suggest
that she had read and absorbed the wisdom found in "Women
Who Run With the Wolves." (Estes 1992) Although "there
is a natural censoring of all negative and painful events that
occur in our lives," Vella overcame her fears and investigated
the worst. (Ibid., 57)
Her recharged woman's intuition revealed Gene as predator of
her body and intruder on her psyche. Rather than run away from
the dark man, she literally dismembered him. (64).
She made an offering to the wild ones when she buried his flesh
where they live. Whatever animal feasted on Gene's thighs shared
survival knowledge with Vella. She can reclaim the missing parts
of her husband that were likely eaten by coyotes to end her own
trauma narrative and begin a new life, as one would render the
"medicinal parts of deadly nightshade or the healing elements
of the poisonous belladonna plant, and us[e] these materials for
healing and helping."(65)
"Women find that as they vanquish the predator, taking from
it what is useful and leaving the rest, they are filled with intensity,
vitality, and drive. They have rendered from the predator what
has been stolen from them. She is free to wrest the powers from
the thing which assailed her and to turn those powers, which were
once used against her, to her own well-suited and excellent uses."
(Ibid.)
Despite my several attempts to meet with Ms. Gogan in prison
so she could tell her own story, no such meeting occurred. Had
she agreed to such a meeting, I might have asked her to describe
her own vision of a peaceful life free from abuse. I wonder what
she will do with her life as it begins anew after she is released
from prison. I would love to take her to lunch.
A good ethic fosters a life free from abuse.